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SANJAY KUMAR MEDHI
Sakambari Flour Mills Pvt Ltd. – Appellant
Versus
Food Corporation of India – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
9(Nine) petitioners have joined together in constituting a challenge to a common email dated 20.07.2023 by which the petitioners have been informed that their bids were cancelled. Such bids were submitted pursuant to an NIT dated 07.07.2023 floated by the FCI for supply of 100 MT of wheat.
2. As per the facts projected, the petitioners which are 9(nine) in numbers have their offices at Guwahati. The petitioners had participated in the said NIT by depositing an Earnest Money Deposit (EMD) of Rs.1.10 lakhs each. Subsequent to such participation, the petitioners who claim to be eligible in all respects, were anticipating allotment of work order. It is the case of the petitioners that the terms and conditions for empanelment of technically qualified bulk consumer have been given in the NIT. It is submitted that so far as GST registration under clause A(i)(v) is concerned, the same is not a mandatory requirement. It is also the case of the petitioners that certain communications have been exchanged by email from which it can be deduced that submission of the GST details or registration is not mandatory. The petitioners have also cited similar allotment ord
The court affirmed that compliance with the mandatory requirements outlined in the NIT is essential for eligibility in the bidding process.
Judicial review of public contracts emphasizes adherence to stipulated eligibility criteria, with courts refraining from interference unless decisions are arbitrary or irrational.
The public interest in a time-bound nutrition program may outweigh the private commercial interest of a petitioner benefiting from the relaxation of tender conditions.
The court emphasized the limited scope of judicial review in tender matters, the importance of punctilious and rigid enforcement of tender terms, and the uniform application of tender requirements to....
A change of name of a registered entity does not affect its legal existence, but failure to register correctly can invalidate tender submissions. Courts limit interventions in tender processes unless....
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